What is the public policy exception to the enforcement of an arbitration agreement?
The public policy exception to the enforcement of an arbitration agreement in Delaware is a legal principle that allows a court to refuse to enforce an arbitration agreement if the agreement violates the public policy of the state. This exception is designed to protect the citizens of Delaware from agreements that are unfair or unethical. The public policy exception is based on the idea that the government has an obligation to protect its citizens from harm, and to uphold and promote its laws and regulations. In Delaware, the public policy exception has been applied to a variety of arbitration agreements. For example, a court may refuse to enforce an arbitration agreement that would prevent a party from seeking legal remedies for injuries resulting from a product or service. Additionally, a court may not enforce an arbitration agreement that would prevent a party from seeking compensation for lost earnings or wages due to discrimination. The public policy exception is an important principle of arbitration law in Delaware, as it provides a means for parties to challenge an agreement that is unfair or violates public policy. It is important for parties considering using an arbitration agreement in Delaware to understand this exception and determine whether an agreement should be rejected for its potential violation of public policy.
Related FAQs
Is there a right of appeal in arbitration?What is an interlocutory appeal?
What remedies can an arbitrator award?
Are there any special requirements for an arbitration agreement?
Are there any special considerations for investment arbitration?
What is the effect of arbitral immunity?
What is the importance of confidentiality in arbitration?
What is a motion to confirm an arbitration award?
Are there any special considerations for consumer arbitration?
What is a discovery issue in arbitration?
Related Blog Posts
Unlocking the Basics of Arbitration Law: What You Need to Know - July 31, 2023Top Tips for Navigating Arbitration Law Successfully - August 7, 2023
Comparing International and Domestic Arbitration: What Businesses Should Know - August 14, 2023
Effective Strategies for Drafting Arbitration Agreements - August 21, 2023
Common Misconceptions About Arbitration Law: What Everyone Needs to Know - August 28, 2023